EPA administrator reverses course on chemical recycling exemption

A U.S. Environmental Protection Agency (EPA) document dated May 24 says EPA Administrator Michael S. Regan is withdrawing a modification made during an earlier review that involved effectively removing pyrolysis/combustion units from its list of municipal waste combustion units.

Investors in plastic scrap chemical recycling facilities, which often use pyrolysis technology, have been seeking clarity and consistency in how the EPA will monitor and judge emissions at such facilities. Opponents of the technology typically advocate for strict monitoring and low emissions restrictions.

The EPA has thus received feedback from both factions and how emissions will be monitored and restricted has become a multiyear storyline within the agency.

"As a result of recent market trends, especially with respect to the increased processing of [scrap] plastics, the EPA received several inquiries about other solid waste incineration (OSWI) units and the applicability of OSWI regulations to pyrolysis/combustion units for a variety of process and feedstock types," the EPA writes.

The term "pyrolysis/combustion" is not defined in the current OSWI regulation and it is not included in the definition of "institutional waste incineration unit."

In August 2020, as part of an EPA periodic review, the agency says it proposed, among other things, to revise the OSWI definition of "municipal waste combustion unit" to remove the reference to "pyrolysis/combustion units."

Subsequently, the EPA says it received significant adverse comments on that proposed revision, adding it received another 170 comments during an advance notice of proposed rulemaking (ANPRM) process.

The May 24 notice does not point to a final conclusion of the matter. The EPA writes, it "has been reviewing the information gathered in the ANPRM and is developing the final OSWI rulemaking package. Based on discussions with stakeholders and our review of the comments on the ANPRM and OSWI proposal as well as current scientific literature on the topic, it is evident that pyrolysis is a complex process that is starting to be used in many and varied industries.

"The EPA will need significant time and personnel resources to fully analyze the comments and evaluate all current information sources to gain a technical and regulatory understanding of the pyrolysis process."

In the meantime, Regan tells operators of chemical recycling plants, "The EPA does not believe it would be appropriate for those sources to become unregulated emissions sources during the time required for our analysis of pyrolysis/combustion units to be completed, particularly if the agency ultimately concludes that regulation is needed."